Present & Future Interests
Eminent Domain
Land Transactions
Servitudes & Easements
CivPro
100
Present interest + future interest =
What is a fee simple.
100
the process by which the government takes full ownership of private property
What is condemnation.
100
2-step process for land transactions.
What is 1) contract for sale; and 2) deed
100
A non-possessory interest to use land possessed by another or to restrict the use of another's land.
What is an easement (usually affirmative in nature).
100
This occurs when a particular party sues an opposing party for more than one claim.
What is joinder. Claims may or may not be related.
200
Must meet two conditions: ♣ Given to an ascertained person (we know who will take the property), and ♣ Not subject to a condition precedent (any conditions have been met)
What is a vested remainder.
200
Under federal law, the private owner must receive this when the gov’t seizes his or her property.
What is just compensation.
200
Two types of defects:
What is material and latent.
200
Ways an easement may be created.
What is through a writing, by implication, by prescription, or by estoppel.
200
D is permitted to serve a 3rd party complaint and bring on a person who is not a party to the action if that person “is or may be liable” to the D or 3rd party P for all or part of the plaintiffs claim against the 3rd party plaintiff
What is the impleader rule (Rule 14)
300
Must meet one of the two conditions: ♣ Given to an unascertained person (the identity of the person taking in the future is uncertain), OR ♣ Dependent upon some event occurring (a condition has not yet been met)
What is a contingent remainder.
300
This becomes a taking when it deprives the land of all economic or productive use.
What is a regulation.
300
Three types of title:
What is 1) marketable; 2) insurable; and 3) record.
300
A promise that attaches to land where a person promises to do or refrain from doing something on his land.
What is a covenant that runs with the land (usually negative in nature).
300
A party to a lawsuit may make a counterclaim against any other opposing party, even if the claim does not arise out of the same transaction or occurrence as the original claim.
What is a permissive counterclaim. In order for a federal court to have subject matter jurisdiction over a permissive counterclaim, there must be independent grounds for federal jurisdiction
400
Interests that are not subject to RAP include:
What is 1) present possessory estates; 2) charitable trusts; 3) resulting trusts; and 4) interests that are fully vested at the time of creation.
400
This occurs when the government makes its approval of some land use conditional on the private owner agreeing to provide a benefit to the public
What is exaction.
400
Three types of deeds:
What is 1) general warranty; 2) special warranty; and 3) quit-claim.
400
If the plaintiff meets the elements for a covenant that runs with the land, but requests an equitable relief, the court may enforce a covenant as ___________________.
What is an equitable servitude.
400
Written questions that must be answered by another party under oath.
What are interrogatories.
500
4-step analysis for determining RAP:
What is 1) identify the interests subject to RAP; 2) identify all the life (or lives) in being; 3) determine whether the interest will vest in 21 years; 4) treat the part that violates RAP as void, leaving the remaining interest intact.
500
The three elements of the test to determine whether a regulation becomes a regulatory taking
What is 1) Economic loss; 2) Character of gov’t action; and 3) Interference with investment-backed expectations
500
An interest in land which may subsist in third persons, diminishing the value of the land, but not making the conveyance of the fee invalid.
What is an encumbrance.
500
Five elements required to create a covenant that runs with the land.
What is 1) a writing; 2) intent; 3) privity; 4) touch and concern; and 5) notice.
500
A defendant has _____ days after it files its answer to file a third-party complaint.
What is 14 days (Fed. R. Civ. P. 14).
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